Gun Violence Prevention Resolution

Erik Nilsson, City Attorney

Mike Funk, City Manager

At a study session meeting on July 20, 2026, the city council discussed gun violence prevention measures, relevant state laws, and potential city response.  At the conclusion of the discussion, the council provided direction to staff to prepare a resolution urging the state and federal governments to take up the issue of gun violence prevention through consideration of certain highlighted policy measures.

Motion to adopt the resolution.

In Minnesota, it is unlawful for a person other than a peace officer to carry a firearm in public unless that person has a permit.  Minnesota is a "shall issue" state and the law says that the sheriff "must" issue a permit to carry certain firearms (either concealed or openly) to any person who qualifies. Minn. Stat. 624.714, subd. 2(b). This statute is commonly referred to as the "conceal and carry" law.

Persons possessing valid permits to carry are required to comply with state laws governing where firearms may be carried, but the city is expressly preempted from enacting additional city-specific firearms restrictions by several different state laws. Chapter 624 of state law is part of the criminal code and governs firearms. Minn. Stat. 624.717 states, "[s]ections 624.711 to 624.716 shall be construed to supersede municipal or county regulation of the carrying or possessing of pistols . . . " The referenced sections set forth a detailed scheme for who is eligible to purchase a firearm, how firearms are purchased and transferred, and who is eligible to carry a firearm and under what circumstances.

Chapter 624 contains another statement of preemption in Minn. Stat. 624.714, which describes in detail the state's scheme for issuing permits to carry. Subdivision 23 states, "[n]o sheriff, police chief, governmental unit, government official, government employee, or other person or body acting under color of law or governmental authority may change, modify, or supplement these criteria or procedures, or limit the exercise of a permit to carry."

Minn. Stat. 609.67, subd. 6, preempts local ordinances regulating machine guns, machine gun conversion kits, and short-barreled shotguns.

Finally and most directly, in the laws addressing municipal powers generally, Minn. Stat. 471.633 states:

"The legislature preempts all authority of a home rule charter or statutory city . . . to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that:

• a governmental subdivision may regulate the discharge of firearms; and
  
  
• a governmental subdivision may adopt regulations identical to state

Local regulation inconsistent with this section is void."

Because the city is expressly preempted by the state from regulating in this area, the city council directed the preparation of a resolution that would encourage the state and federal legislatures to consider adoption of certain evidence-based policy measures to prevent gun violence.  The proposed resolution is attached for consideration.